Court : Mumbai
Decided on : Nov-06-1952
Reported in : AIR1953Bom408; (1953)55BOMLR452; ILR1953Bom773
..... by the mortgagor were neither onerous nor unconscionable. however, mr. patel has relied more particularly upon the general observations made in the judgment that in dealing with such pleas the indian courts were concerned with the provisions of the indian contract act as to coercion, undue influence, fraud, misrepresentation or mistake, or as to penalty as provided for in section 74 of the said ..... . act, 'mere vague grounds of equity, said the learned judges, ''will not justify a court in interfering with the terms of a contract'. even so, they added that the rules as to the clog ..... mortgage is the result of undue influence, coercion, misrepresentation or fraud, it may not bind the mortgagor and the terms of such a mortgage could be challenged by him. but if the terms of the mortgage are otherwise not inconsistent with any of the provisions of the contract act or the t. p. act, they must be enforced between the parties. the term as ..... in the mortgagor is the result of a statutory provision contained in section 60, t. p. act, and in dealing with the exercise of this right indian courts must confine themselves to the consideration of the said section. a mortgage under the t. p. act is the result of a contract between the mortgagor and the mortgagee and all the stipulations contained in this .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-1952
Reported in : AIR1953Kant33; AIR1953Mys33
..... month. the defendant admitted the execution of the said agreement but pleaded that it was the outcome of fraud, force and coercion; he further, pleaded that the consideration for the agreement was opposed to public policy and offends section 23, contract act. the said agreement runs thus : 'jayamma, daughter of angadi subba rao living as tenant in house no. 11, in the said ..... not vitiated by the mere fact that cohabitation might have been in contemplation as it did not form part of the consideration and in consequence does not offend section 23, contract act.7. in the result, i find no reason to differ from the concurrent decisions of the courts below. the appeal therefore fails and is dismissed with costs.8. appeal dismissed ..... whether the agreement upon which the suit is based is immoral and opposed to public policy and as such unenforceable under section 23, contract act. the courts below concurred in holding that the agreement created a valid and enforceable contract and decreed the suit. the defendant has come up in second appeal.2. briefly stated, the facts that led up to the suit ..... rao, learned counsel for the appellant urged that in addition to the past services, the agreement contemplated future cohabitation) the two together forming consideration for the agreement and consequently the contract is rendered immoral and opposed to public policy. in support of his contention he relied upon the decision reported in -- 'alice marry hill v. william clarke', 27 all 266. in .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-02-1952
Reported in : AIR1952Raj115
..... him into possession or whether the tenant has merely attorned to him. of course it is open to every tenant to prove that he attorned under coercion or as a result of fraud, misrepresentation or mistake; but subject to this modification every tenant is estopped from denying the title of his landlord ..... into possession and in allowing him to continue in possession after notice to quit and after determination of the previous tenancy, when by virtue of a subsequent contract he was allowed to occupy the property by manphul bai, similarly in 'ram ditta mal. v. charat singh', air 1938 pesh 49, it has ..... time the property was leased to hint on behalf of lalchand and consequently no lease was created. 'govinda kurup v. beekku', air 1931 mad 147 and 'indian cotton co., ltd. v. raghunath harp, air 1931 bom 178, have been cited in support of this argument. it may be pointed out that even ..... the rent note ex. 21 & was allowed to continue in possession with the consent of manphul bai. in such circumstances section 116 of the evidence act would apply and ladhuram would be estopped from questioning the title of manphul bai. even though an issue has been framed regarding the adoption of lalchand, ..... ladhuram, who is a tenant of manphul bai is under these circumstances estopped from challenging the title of his lessee. section 116 of the evidence act provides that no tenant of immovable property or person claiming through such tenant shall during the continuance of the tenancy be permitted to deny that the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1952
Reported in : AIR1953Bom417; (1953)55BOMLR473; ILR1954Bom1
..... words 'voidable at the instance of the applicant' may in this connection be contrasted with the language of section 19, contract act, which makes contracts 'caused by coercion, fraud or misrepresentation' voidable at the option of the party, and it supports the contention that in addition to giving a ..... co. ltd. in re', (1908) 2 ch 228 (a) the notice or repudiation which was given under section 5, english companies act, 1900, which corresponded to section 102, indian companies act, is set out at p. 229, and it is in these terms : 'i beg to inform you that i hereby avoid the allotment ..... occurs the con-, tract between the shareholder and the company is one between the parties to it and the shareholder's liability arises under the contract and not from any statutory provision, the liability under section 156 only commences upon winding up. if the company goes into liquidation after proceedings for ..... register of shareholders as the holder of the shares now in question, with his full knowledge and assent. on the winding up, section 136, indian companies act, came into play. his liability under that section in respect of the shares was absolute and flowed from the fact of his being on the ..... does not contain any such requirement; and that is perfectly true. but this section in the indian companies act is an exact reproduction of section 5, english companies act, 1900, which is now section 49, english companies act, 1943, and in cases decided in england it has been laid down that it is not .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-27-1952
Reported in : AIR1953P& H166
..... for the court to intervene or to reassess ''reasonable compensation' although technically it has power to do so under the relevant provisions of the contract act.it has been held in certain cases which have arisen in the united states of america that where the consumer did not take delivery of ..... contract act does not draw a distinction between the two forms of damages and states merely that the party complaining of the breach is entitled to receive from the party who has broken the contract 'reasonable compensation' for the breach.although the expression 'liquidated damages' does not appear in the indian law of contracts, ..... is not an iota of evidence on the file to justify the conclusion that the conditions about the minimum guarantee and default were obtained by coercion and undue influence or threats of refusal to supply the energy in question. even the plaintiff himself did not allege in his statement that the ..... of these several grounds in seriatim:5. the first ground is that the conditions about the minimum guarantee and the default were obtained by coercion and undue influence or threats of refusal to supply the energy. it is admitted that before the execution of the agreement on 10-3- ..... agreement was induced by threats, coercion or undue influence.6. the second ground is that the conditions appearing in the agreement were nominal, were not intended to be enforced and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-1952
Reported in : AIR1952SC75; 1952CriLJ510; 1SCR284
..... all that the cases were of a very exceptional character and although the offences committed were technically offences defined in the indian penal code, the indian arms act and the high explosives act, it would be futile to contend that the offenders in these cases were of the same class as ordinary criminals ..... persons and classes arbitrarily. thus the legislature may fix the age at which persons shall be deemed competent to contract between themselves, but no one will claim that competency to contract can be made to depend upon the stature or colour of the hair.'such as classification for such a ..... for several months and by his judgment dated the 31st of march, 1951, the special judge convicted the accused under various sections of the indian penal code, some of them being sentenced to transportation for life, while others were sentenced to undergo various terms of imprisonment according to the gravity ..... although both of them are situated in exactly the same or similar circumstances. by way of illustration it is pointed out that in the indian penal code there are different chapters dealing with offences relating to different matters, e.g., chapter xvii which deals with offences against property, that ..... and are but the endeavour to compress into a few pregnant phrases some of the main attributes of a sovereign democratic republic as seen through indian eyes. there was present to the collective mind of the constituent assembly, reflecting the mood of the peoples of india, the memory of .....Tag this Judgment!
Court : Orissa
Decided on : Jan-07-1952
Reported in : AIR1952Ori318
..... 'basant lal v. emperor', 19 cr lj 215 (lah) may be referred to. the conviction of a managing director under s. 87 of the indian companies act was set aside on the ground that he was not shown to be in charge of the 'entire affairs of the company and was hence not a manager ..... them the consequences that would follow from disobedience of the writ. sir s.m. bose's argument that the said order amounted to judicial threat and coercion is beside the point. a court must use all coercive process permitted by law to enforce obedience of its orders. if the mere pointing out of ..... the 20th august 1951 and urged that the impression which any one would get from a perusal of that order was that the high court by judicial coercion and threat of proceedings for contempt had compelled the syndicate to publish the results of the m. b. b. s. examination and that thereby it ..... of itself was recognised. the contempt of court contemplated in this article could not obviously be that class of contempt dealt with in the criminal procedure. code, the indian penal code and the code of civil procedure because these three codes themselves provide the machinery for punishing contempts of that class. the expression 'court of ..... the performance of his judicial duties'.51. the principles laid down in 'queen v. gray', (1900-2 q. b. 36) have been followed in several indian decisions and it is unnecessary to refer to all of them. i would content myself with citing 'emperor v. marmaduke pickthall',. air 1923 bom 8 and 'in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-10-1952
Reported in : AIR1952P& H309
..... state. when, therefore, a state enacts a measure or promulgates a statutory rule imposing any limitation upon the right of private property or free contract, an aggrieved person can immediately raise the question of due process of law. the courts examine the constitutionality of statutes in the light of ..... an ordinary calling or trade, or of acquiring, holding and selling property, must be embraced the right to make all proper contracts in relation thereto.'in 'meyer v. state of nebraska', (1923) 262 u. s. 390 the supreme court expressed the view that the expression ..... he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purposes to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned. in the privilege of pursuing ..... constitution because its provisions with regard to the detention in camps of 'abducted persons' violate the rights conferred upon the indian citizens under article 19 of the constitution? '(2) is this act 'ultra vires' the constitution because it violates the provisions of article 22 of the constitution?'(3) is the tribunal ..... statute book of the country.15. the act of 1949 has been designed to secure that persons who are suspected of having been abducted during the communal disturbances should be removed into camps which are free from the atmosphere of coercion and threats and where they can feel assured .....Tag this Judgment!
Court : Chennai
Decided on : Aug-13-1952
Reported in : AIR1953Mad326; (1953)IMLJ306
..... is only an authority for the position that the impugned section is an arbitrary interference with the liberty of contract in cases where the restriction so imposed does not come under the police power of the state. under the indian constitution, liberty of contract is not one of the fundamental rights in chapter 3.in --'t. b. coppage v. state of ..... unaffected, and, therefore, is discriminatory. this argument again ignores the subject matter of the legislation and the purpose for which it is enacted. the preamble of the act shows that the act was passed to provide for the regulation of conditions in shops, commercial establishments, restuarants, theatres and other establishments. establishments are of various kinds. some are controlled by ..... equal protection of the laws.'in --'william adair v. united states', (1908) 52 law ed. 436, the question raised was the constitutionality of certain provisions of the act of congress concerning carriers engaged in interstate commerce and their employees. no employer shall threaten an employee with loss of employment or unjustly discriminate against any employee because of ..... retrenchment his services were terminated with effect from 1-10-1950. on 18-10-1950 he preferred an appeal under section 41(2), madras shops and establishments act, 1947 (hereafter called the act) to the labour commissioner, madras, questioning the validity of the termination of service. the additional commissioner for workmen's compensation, after making the prescribed enquiry .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-26-1952
..... believe we would construe "liberty" within the meaning of the fifth amendment as narrowly as the court does. the present case involves a form of coercion to make people listen. the listeners are, of course, in a public place; they are on streetcars traveling to and from home. in one ..... repair and use radio reception equipment in capital transit's streetcars, busses, terminal facilities, waiting rooms and division headquarters. radio, in return, agreed to contract with a broadcasting station for programs to be received during a minimum of eight hours every day, except sundays. to that end, radio secured the ..... the first amendment give more than the privilege to worship, to write, to speak as one chooses; they give freedom not to do nor to act as the government chooses. the first amendment, in its respect for the conscience of the individual, honors the sanctity of thought and belief. to ..... u. s. 695 -696. [ footnote 9 ] see generally shipley, some constitutional aspects of transit radio, 11 f.c. bar j. 150. the communications act of 1934, 48 stat. 1064 et seq., as amended, 47 u.s.c. 151 et seq., has been interpreted by the federal communications commission as imposing upon ..... public utilities commission of the district of columbia et al., also on certiorari to the same court. [ footnote 1 ] capital transit company originates from the act of congress of march 4, 1925, authorizing the merger of street railway corporations operating in the district of columbia. 43 stat. 1265, d.c.code (1940 .....Tag this Judgment!